Is the marriage to a female slave (*amah*) permissible during the waiting period (*iddah*) of a permanently divorced free woman (*hurrah ba'in*)?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

The marriage to a female slave during the waiting period of a permanently divorced free woman is permissible. The justification is that the man lacks the means (*tawl*, often interpreted as means for marriage, specifically financial means for a free woman) and fears falling into unlawful sexual intercourse (*'anat*). This permission is based on the verse: "And whoever among you cannot afford to marry free, believing women, [then marry] those whom your right hands possess of believing young women." (Quran 4:25).

Supporting text

Abu Hanifa prohibits this marriage, holding that it is impermissible, just as it is prohibited for him to marry her while she is actively married to another free woman.